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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1935 Page 1 of about 40 results (0.137 seconds)

Nov 11 1935 (FN)

American Surety Co. Vs. Westinghouse Elec. Mfg. Co.

Court : US Supreme Court

Decided on : Nov-11-1935

..... contractor, give materialmen or laborers any right of lien upon the fund or preference in distribution thereof. i also agree with his view that the indemnity contract between the contractor and the surety company (even if an assignment of claim for retained percentages against the united states were valid, in view of ..... s. 267 . this is surely so unless the contract of indemnity has the effect of a specific lien. in the absence of such a lien, the reserved percentages in controversy became assets available to creditors, the ..... u. s. 138 rights and liabilities of sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure." jenkins v. national surety co., supra, at p. 277 u. ..... has been given under the mandate of a statute. equity then forbids that the statutory security be whittled down indirectly by any promise of indemnity, general or specific. debtor and surety may not effectually agree that materialmen and laborers shall have less of the general assets as the price ..... claim to this reserved percentage ($2,724.23) by right of subrogation, and also and with greater emphasis by force of a covenant of indemnity received from the principal at the beginning of the work. on the other hand, the reserved percentage was claimed by the respondents page 296 u .....

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Mar 18 1935 (FN)

Metropolitan Cas. Ins. Co. Vs. Brownell

Court : US Supreme Court

Decided on : Mar-18-1935

..... in their policies for a short period of limitation. cf. caywood v. supreme lodge, supra. the statutory period of limitation for suits to recover money on indemnity policies is ten years. section 2-602, burns' ann.st. 1933; cf. fidelity & casualty co. v. jasper furniture co., 186 ind. 566, ..... , 39-1713, burns' anno. stat. 1933. respondent's predecessor in interest brought suit in the district court for southern indiana to recover upon an indemnity bond executed by petitioner. the petitioner set up by answer and demurrer that it is a corporation organized under the laws of new york, carrying on ..... certiorari, 292 u.s. 620, to review a judgment affirming a judgment against the casualty company in an action against it to recover on an indemnity bond. mr. justice stone delivered the opinion of the court. this case is here on writ of certiorari, 292 u.s. 620, to review ..... 25-1402, 25-1301, 25-1304, burns' anno.stat. 1933. there is no showing that the situation of foreign corporations, writing casualty insurance contracts in indiana, is so similar to that of domestic corporations as to preclude any rational distinction between them as regards the time required for negotiating settlements ..... in indiana the business of writing casualty insurance contracts and surety bonds; that the claim for which suit was brought was presented to petitioner more than fifteen months before the suit was begun; that the indemnity bond contained a stipulation that no proceedings upon a claim upon .....

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May 20 1935 (FN)

Senior Vs. Braden

Court : US Supreme Court

Decided on : May-20-1935

..... fully as though it were the sole legal and equitable owner. the trustee is authorized to settle claims upon contract and tort made against the trustee or the trust estate, and is entitled to indemnity from the estate for all personal liability and expenses. it is authorized to borrow money and to give the ..... by income, is upon intangible property interests owned by a citizen of ohio. they are represented by transferable certificates, issued, by trustees of land, under contracts by which each trustee undertakes to hold the title of specified lands in trust for the benefit of the certificate holders; to receive the income and to ..... itself. but the means of control may be subjected to taxation in the state of its owner, whether it be a share of stock or a contract or a mortgage. there is no want of jurisdiction to tax these interests where they are owned, in the sense that the state page 295 u ..... 188 u. s. 730 ; cream of wheat co. v. county of grand forks, 253 u. s. 325 , 253 u. s. 329 , or to tax a valuable contract for the purchase of land or chattels located in another state, see citizen's national bank v. durr, 257 u. s. 99 , 257 u. s. 108 ; compare ..... building, omaha, nebraska, and fidelity mortgage company, cleveland, ohio. mr. justice stone, dissenting* i think the judgment should be affirmed. tax laws are neither contracts nor penal laws. the obligation to pay taxes arises from the unilateral action of government in the exercise of the most plenary of sovereign powers, that to raise .....

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Jan 07 1935 (FN)

Smith Vs. Snow

Court : US Supreme Court

Decided on : Jan-07-1935

smith v. snow - 294 u.s. 1 (1935) u.s. supreme court smith v. snow, 294 u.s. 1 (1935) smith v. snow no. 102 argued december 3, 4, 1934 decided january 7, 1935 294 u.s. 1 certiorari to the circuit court of appeals for the eighth circuit syllabus 1. claim 1 of the smith patent, no. 1,262,860, for a method for the incubation of eggs, held valid, and infringed. p. 294 u. s. 7 . 2. claim 1 covers broadly the essential elements of the smith invention, viz., (a) the arrangement of the eggs at different levels in staged incubation in a closed chamber, having restricted openings of sufficient capacity for the escape of foul air without undue loss of moisture; (b) the application to the eggs of heated air in a current created by means other than variation of temperature, and (c), as marking the boundaries of the claim, a sufficient velocity in the current to circulate and diffuse the air and maintain it throughout the chamber at substantially the same temperature, whereby the air will be vitalized, moisture conserved, and the units of heat carried from the eggs in the more advanced stage of incubation to those in a less advanced stage. held: (1) the claim is not limited by the particular mode of use described in the specifications, since the claims of the patent, not its specifications, measure the invention. p. 294 u. s. 11 . (2) examination of the claim in the light both of scientific fact and of the particular form in which the inventor reduced it to practice as described in the .....

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Dec 16 1935 (FN)

Morrissey Vs. Commissioner

Court : US Supreme Court

Decided on : Dec-16-1935

..... without power to bind the beneficiaries personally by "any act, neglect or default," and the beneficiaries and all persons dealing with the trustees were required to look for payment or indemnity to the trust property. the beneficial interests were to be evidenced solely by transferable certificates for shares which were divided into 2,000 preferred shares of the par value of ..... course until january 12, 1924. after that date, petitioners' activities were confined to collections of installments of principal and interest on contracts of purchase, the receipt of interest on bank balances and of fees on assignments by holders of purchase contracts, the execution of conveyances to purchasers, the receipt of dividends from the incorporated club, and the distribution of moneys to the .....

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Feb 18 1935 (FN)

Norman Vs. Baltimore and Ohio Railroad Co.

Court : US Supreme Court

Decided on : Feb-18-1935

..... and stipulations which would conflict with the execution of its policy. the reason is manifest. to subordinate the exercise of the federal authority to the continuing operation of previous contracts would be to place, to this extent, the regulation of interstate commerce in the hands of private individuals, and to withdraw from the control of the congress so much ..... never intended any such state of things to exist. id., p. 219 u. s. 482 . accordingly, it has been "authoritatively settled" by decisions of this court that no previous contracts or combinations can prevent the application of the anti-trust acts to compel the discontinuance of combinations declared to be illegal. addyston pipe & steel co. v. united states, supra; united ..... is the important subject of consideration, and anything which directly obstructs, and thus regulates, that commerce which is carried on among the states, whether it is state legislation or private contracts between individuals or corporations, should be subject to the power of congress in the regulation of that commerce. " page 294 u. s. 309 applying that principle, the court held ..... pp. 294 u. s. 304 -305. 4. in the exercise of the constitutional authority of congress to regulate the currency and establish the monetary system of the country, existing contracts of private parties, states or municipalities, previously made, and valid when made, but which interfere with the policy constitutionally adopted by congress, may be set aside not only through the .....

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Feb 18 1935 (FN)

Perry Vs. United States

Court : US Supreme Court

Decided on : Feb-18-1935

..... in the obligations which have rendered possible our great undertakings -- public works, railroads, buildings. under the interpretation accepted here for many years, this clause expresses a definite enforceable contract. both by statute and long use, the united states have approved it. over and over again they have enjoyed the added value which it gave to their obligations. so late ..... of the joint resolution, as applied to government bonds, is in substance that the government cannot, by contract, restrict the exercise of a sovereign power. but the right to make binding obligations is a competence attaching to sovereignty. [ footnote 3 ] in the united states, sovereignty resides ..... relieving widespread distress. congress was free to reduce gratuities deemed excessive. but congress was without power to reduce expenditures by abrogating contractual obligations of the united states. to abrogate contracts in the attempt to lessen government expenditure would page 294 u. s. 353 be not the practice of economy, but an act of repudiation." the argument in favor ..... 580 , with respect to an attempted abrogation by the act of march 20, 1933, 17, 48 stat. 8, 11, of certain outstanding war risk insurance policies, which were contracts of the united states, the court quoted with approval the statement in the sinking fund cases, supra, and said: "punctilious fulfillment of contractual obligations is essential to the maintenance of .....

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May 27 1935 (FN)

Mobley Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-27-1935

..... was continuously disabled as defined in the policies, and so entitled to the specified payments goes to show adherence to, rather than repudiation of, the contracts. the company's efforts to have the policies kept in force were inconsistent with purpose to renounce them. the evidence page 295 u. s. ..... in any case to entitle the other to treat the contract as absolutely and finally broken and to recover damages as upon total breach, must at least amount to an unqualified refusal, or declaration of inability ..... of disability conditions the right of the insured to have future installments, but imposes no obligation upon him. he was at liberty, without breach of contract, to refrain from making the claim or to refuse disclosure of his condition or to permit examination. repudiation by one party, to be sufficient ..... s. 636 monthly payments would be made, and that the premiums due on and after february 7 became payable according to the terms of the contracts. then, through his attorney, plaintiff demanded payment of the policies in full "for the remainder of his natural expectancy, which is thirty-four years ..... to the insured. the fact that, when more fully informed, it allowed and tendered payment of the claims shows adherence to, rather than repudiation of, the contracts, and its efforts to have the policies kept in force were inconsistent with purpose to renounce them. pp. 295 u. s. 634 , 295 u. s .....

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Apr 29 1935 (FN)

AwotIn Vs. Atlas Exchange National Bank

Court : US Supreme Court

Decided on : Apr-29-1935

..... course of its business of dealing in securities, by confining the business to buying and selling "without recourse." the phrase is broader than a mere limitation upon the power to contract, although embracing that limitation. it is a prohibition of liability, whatever its form, by way of "recourse" growing out of the transaction of the business. see bank of united ..... contended, based its decision upon procedural grounds, for it considered the merits and declared that no right arose upon an implied assumpsit, although respondent had received the benefit of a contract which was ultra vires and void. the opinion does not disclose whether this conclusion was rested upon the court's interpretation of rules of state law governing the quasi contractual ..... evidencing indebtedness of any person . . . or corporation, in the form of bonds, notes and/or debentures, commonly known as investment securities. . . ." it is the contention of petitioner that respondent's contract to repurchase the bonds was incidental to its authority to do a banking business and was not forbidden by the proviso, that in any case respondent is estopped to set ..... s option to repurchase the bonds at maturity at par and accrued interest. petitioner's declaration in several counts set up, in special assumpsit, respondent's breach of the express contract to repurchase the bonds, and, in general assumpsit, the obligation of respondent to return the sum received for the bonds. judgment of the trial court for petitioner on the .....

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Apr 29 1935 (FN)

United States Vs. Arizona

Court : US Supreme Court

Decided on : Apr-29-1935

..... seq.; report 15, p. 68, et seq. [ footnote 6 ] see article iv(a), colorado river compact. [ footnote 7 ] wilbur and ely, the hoover dam contracts, united states department of the interior, 1933, pp. ii, 71, 325. [ footnote 8 ] the complaint does not show the date of the alleged inclusion of the dam ..... pursuant to section 202." the executive order delegates authority to the administrator "to construct . . . any public works project included in the program." the contract here involved was made more than four months before the passage of that act. plaintiff asserts that the project was included in the comprehensive program, that ..... of the united states." the project in question rightly may be deemed to have been begun on the date, february 10, 1933, of the contract made by the united states and the water district for the construction of the dam. there is no allegation that any project including the dam, ..... about 70 miles upstream from the laguna and the canal proposed to be built to bring water to the valleys named. [ footnote 7 ] the contract alleged to have been made by the united states and the metropolitan water district, a copy of which is attached to plaintiff's brief, shows that ..... 283 u. s. 423 . the bill alleges that, february 10, 1933, the united states, acting through the secretary of the interior, entered into a contract with the metropolitan water district of southern california. the district agrees to pay to the united states the entire cost of the dam, assumed not to exceed .....

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